Press release
Minister Browne welcomes the passage of the Private Security Services (Amendment) Bill 2021 through all stages of the Dáil and Seanad
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The Minister of State with responsibility for Law Reform, Youth Justice and Immigration James Browne TD, has this evening welcomed the passage through all stages in the Dáil and Seanad of the Private Security Services (Amendment) Bill.
The Bill is an important piece of legislation allowing the government to bring the regulation and licencing of security personnel, assisting those enforcing court orders for evictions and repossessions within the remit of the Private Security Authority.
Speaking about the passing of the Bill, Minister Browne stated:
"I am very pleased that this important Bill has completed all stages in the Oireachtas. The principle objective of this Bill is to insert a new category of ‘enforcement guard’ in the list of private security services licensed by the Private Security Authority under the 2004 Act.
"The definition and insertion of this additional category of an enforcement guard will now address a gap in the legislation whereby those enforcing court orders are not currently subject to regulation or licensing by the Private Security Authority. This is important and will ensure that these services are appropriately regulated going forward."
Bringing enforcement guards within the remit of the Private Security Authority will require them to obtain a licence to operate and ensure that they are subject to the training standards and licensing regime operated by the Private Security Authority.
While the clarification of the position of enforcement guards is the key objective of this legislation, the opportunity was also taken to make a number of other amendments to the existing legislation.
The Bill will also make a number of additional amendments including allowing the Private Security Authority refuse to renew a licence, or suspend or revoke a licence of a body corporate for the actions of its members, making the Register of licensed persons available for inspection free of charge to members of the public and introduces an offence of “impersonating an inspector” of the Authority.
Speaking about the impact and importance of the new legislation the Minister of State emphasised:
"We know that already challenging circumstances have been put under further strain by this lack of regulation and I am pleased that we are able to bring clarity to this element of a difficult situation.
"Court orders obviously have to be upheld but they need to be upheld, if necessary, by persons who are properly regulated, who are identifiable and who have been trained.
"This new legislation is proof of this government's commitment to promote and ensure best practice in the industry."
The Bill will now be sent to the President for signature.
A Working Group was convened at the request of then Minister for Justice and Equality, Charlie Flanagan, to examine the administrative, legislative, resource, security and other matters necessary to bring the regulation and licensing of security personnel assisting those enforcing court orders within the remit of the Private Security Authority.
The Group was convened, following on from the removal of persons trespassing and illegally occupying a private property on North Frederick Street in September 2018 on foot of a High Court order. The persons were removed by a private security firm. The personnel who attended at the property on behalf of the private security firm are not currently subject to regulation or licensing by the Private Security Authority under the Private Security Services Act 2004.
A ‘security service’ is defined under the Act as a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor:
On 9 April 2019, the government approved the publication of the Working Group's Report and the drafting of a General Scheme of a Bill to give effect to the proposed legislative amendments outlined in the report. (S180/20/10/2400).
On 26 November 2019, the government approved the drafting of the Private Security Services (Amendment) Bill (S180/20/10/2400). The Bill will give effect to proposed amendments to bring the regulation and licensing of security personnel assisting those enforcing court orders, acting in accordance with an agreement or consent, pursuant to a contract or otherwise in accordance with the law within the remit of the Private Security Authority.
Government decision S180/20/10/2400 of 2 March 2021 approved the drafting of two additional amendments to the Private Security Services (Amendment) Bill. The additional amendments will create the offence of impersonating an inspector and amend section 26 of the Act, dealing with refusal to renew licences, to include officers of a body corporate.